LaBarbera v. New York Eye and Ear Infirmary

In May 1986, Dr. Jack Martin Shapiro (defendant) performed nasal surgery on Peter LaBarbera (plaintiff) at the New York Eye and Ear Infirmary (hospital) (defendant). The procedure involved the placement of a plastic stent in LaBarbera’s nose to aid postsurgical healing. The stent was supposed to be removed 10 days after the surgery, but it was not. LaBarbera suffered chronic nasal and respiratory problems for the next six years, for which LaBarbera consulted numerous doctors. None of these doctors, including Shapiro, whom LaBarbera last saw in September 1986, noticed that the stent was still in LaBarbera’s nose. In 1992, a new doctor finally discovered the stent and removed it from LaBarbera’s nose, ending LaBarbera’s nasal problems. LaBarbera sued Shapiro and the hospital for medical malpractice. Shapiro moved for summary judgment, arguing that LaBarbera’s suit was barred by Civil Practice Law and Rules (CPLR) § 214-a, which imposed a two and one-half year statute of repose for medical-malpractice claims. LaBarbera responded that the statute of repose was inapplicable because § 214-a also provided that in cases involving the discovery of a foreign object in a patient’s body, an action could be brought within one year of such discovery (or one year of when discovery reasonably could have been made). Per LaBarbera, the stent was a foreign object because it remained in his body for more than six years despite being meant to stay in his nose for just 10 days. The supreme court granted Shapiro’s summary-judgment motion. The appellate division affirmed. LaBarbera appealed.